NRS 38.495
Participation agreement by persons in proceeding pending before tribunal

  • notice of conclusion
  • status report
  • effect of participation on proceeding.

1.

The persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties to the collaborative law participation agreement shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to subsection 3 and NRS 38.500 and 38.505, the filing operates as an application for a stay of the proceeding.

2.

The parties shall file promptly with the tribunal notice in a record when a collaborative law process concludes. The stay of the proceeding under subsection 1 is lifted when the notice is filed. The notice must not specify any reason for termination of the process.

3.

A tribunal in which a proceeding is stayed under subsection 1 may require parties and collaborative lawyers to provide a status report on the collaborative law process and the proceeding. A status report must include only information on whether the process is ongoing or concluded. It must not include a report, assessment, evaluation, recommendation, finding or other communication regarding a collaborative law process or collaborative law matter.

4.

A tribunal may not consider a communication made in violation of subsection 3.

5.

A tribunal shall provide the parties with notice and an opportunity to be heard before dismissing a proceeding in which a notice of collaborative law process is filed based on delay or failure to prosecute.

Source: Section 38.495 — Participation agreement by persons in proceeding pending before tribunal; notice of conclusion; status report; effect of participation on proceeding., https://www.­leg.­state.­nv.­us/NRS/NRS-038.­html#NRS038Sec495.

38.400
Short title. 38.405
Definitions. 38.410
“Collaborative law communication” defined. 38.415
“Collaborative law participation agreement” defined. 38.420
“Collaborative law process” defined. 38.425
“Collaborative lawyer” defined. 38.430
“Collaborative matter” defined. 38.435
“Law firm” defined. 38.440
“Nonparty participant” defined. 38.445
“Party” defined. 38.450
“Person” defined. 38.455
“Proceeding” defined. 38.460
“Prospective party” defined. 38.465
“Record” defined. 38.470
“Related to a collaborative matter” defined. 38.475
“Sign” defined. 38.480
“Tribunal” defined. 38.485
Requirements for collaborative law participation agreement 38.490
Collaborative law process: Commencement 38.495
Participation agreement by persons in proceeding pending before tribunal 38.500
Emergency order. 38.505
Approval of agreement by tribunal. 38.510
Disqualification of collaborative lawyer and lawyers in associated law firm in certain related proceedings. 38.515
Applicability of disqualification of collaborative lawyer or lawyer in associated law firm with respect to low-income parties. 38.520
Applicability of disqualification of collaborative lawyer or lawyer in associated law firm with respect to party that is governmental entity. 38.525
Disclosure of information during process. 38.530
Obligations and standards of professional responsibility and mandatory reporting not affected. 38.535
Required assessment and disclosures regarding process by prospective collaborative lawyer. 38.540
Prospective collaborative lawyer to make certain inquiries and assessments concerning relationship of parties. 38.545
Confidentiality of collaborative law communication. 38.550
Privilege against disclosure of collaborative law communication 38.555
Waiver and preclusion of privilege. 38.560
Limits of privilege. 38.565
Authority of tribunal in case of noncompliance. 38.570
Applying and construing Uniform Act to promote uniformity. 38.575
Relation to Electronic Signatures in Global and National Commerce Act.
Last Updated

Feb. 5, 2021

§ 38.495’s source at nv​.us